패러디의 법적 성질로 살펴보는 저작권 침해 및 명예훼손 문제의 해결 - 대한민국 대법원 및 미 연방대법원의 판례를 중심으로 한 비교법적 고찰 -

Parody, 'An amusing and instructive creation of mimicking a particular figure', satirizes the social conditions in order to foster the value of the Constitutional right regarding the freedom of Art and the healthy growth of social criticism culture. Despite these good functions, parody is not effectively being protected under express provision due to the possibility of infringing the copyright and defamation. So as to solve these problems, this study focused on following points. First, the study is discussing about whether parody could be protected as object of the Constitution of Korea and the United States. Second, the study is dealing with the question 'whether parody could be protected as copyright', based on the judicial precedents of each nation. Third, the study is analyzing the prior solving methods when parody infringes author's property rights and moral rights. Fourth, the study also examines the problem of defamation and the remedy of it using the former comparative jurisprudence method. Through this research, the study has reached the following results. Parody is protected through the freedom of speech, the freedom of scholarship and art; therefore it can be acknowledged as a copyright work depending on the nature of each parody and the general legislative decision toward parody. Parody may infringe on others' copyright, yet the solution of the problem should include the measure of the infringement and the positive points that the parody gives to the society. Meanwhile, defamation caused by pure parody cannot easily be punished according to the coherent precedents of Korea and America. As a conclusion, it is needed to safeguard the Constitutional value of parody by following the Korean precedents which thoroughly strongly protects author's property rights, moral rights and the American precedents which broadly accepts the concept and the value of parody.